BOARD DATE:	  8  2011

		DOCKET NUMBER:  AR20110011995 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as "16  " vice "10  ."

2.  The applicant states his DOB is wrong on his DD Form 214.

3.  The applicant provides his DD Form 214, Record of Birth, and West Virginia Driving License.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's record shows, in conjunction with his enlistment in the Regular Army (RA), he filled out a DD Form 398 (Statement of Personal History), dated 29 March 1970, wherein he listed his DOB as "16  ."  He authenticated this form by placing his signature in the appropriate block.

3.  He enlisted in the RA on 30 March 1970 and he held military occupational specialty 67U (CH-47 Helicopter Repairman).

4.  An Armed Forces fingerprint card, dated 7 April 1970, shows his DOB as "16  19XX."

5.  A DD Form 1584 (National Agency Check Request), dated 9 April 1970, shows his DOB as "16  ."

6.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his DOB as "10  ."

7.  A DA Form 41 (Record of Emergency Data), dated 24 July 1972, shows his DOB as "16  ."  He authenticated this form by placing his signature in the appropriate block.

8.  His records contain various forms and documents that show his DOB as "16  ."

9.  A Standard Form (SF) 88 (Report of Medical Examination), dated 15 March 1973, shows his DOB as "16  ."

10.  He was honorably released from active duty on 29 March 1973 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years of total active service.  Item 9 (DOB) of his DD Form 214 shows his DOB as "10  ."

11.  The applicant provides a State of West Virginia Record of Birth, dated 13 May 1985, that shows an individual with the same name as the applicant was born on "16  ."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his DOB as "16  " upon his enlistment in the RA.  This is the DOB that was used throughout his active service.  It appears an administrative error was made when his 


DA Form 20 was created with his DOB listed as "10  ."  This error was compounded when his DD Form 214 was prepared using this incorrect DOB.

2.  In view of the foregoing, his DD Form214 should be corrected to show his DOB as "16  ."Therefore, he is entitled to the requested relief.

BOARD VOTE:

___x_____  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 9 of his DD Form 214 the entry "10  " and replacing it with the entry "16  ."



      __________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110011995



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ABCMR Record of Proceedings (cont)                                         AR20110011995



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